South West African Building Society v Coetzee (359 of 1999)
South West African Building Society v Coetzee (359 of 1999) [1999] NAHC 15 (1 October 1999)
The plaintiff's simple summons set out the cause of action with sufficient particularity as required by the rules and established case law. The defendant's affidavit did not disclose a bona fide defence but merely raised a plea of lack of knowledge, which is insufficient to resist summary judgment. There was no indication of usurious interest or breach of the in duplum rule. The property was properly declared executable as security for the debt.
Source excerpt
- Summary judgment
- Simple summons
- Mortgage bond enforcement
- Particularity of pleadings
- Interest calculation
- Executability of property